subchapter 70g – child placing agencies: foster care
section .0100 – general
10A NCAC 70G .0101SCOPE
10A NCAC 70G .0102ORGANIZATION AND ADMINISTRATION
History Note:Authority G.S. 131D10.5; 143B153;
Eff. February 1, 1986;
Amended Eff. July 18, 2002; July 1, 1990;
Repealed Eff. October 1, 2008.
SECTION .0200 MINIMUM LICENSING STANDARDS
10A NCAC 70G .0201PERSONNEL
10A NCAC 70G .0202INTAKE PROCEDURES AND PRACTICES
10A NCAC 70G .0203CASE PLAN
10A NCAC 70G .0204PLACEMENT SERVICES
10A NCAC 70G .0205RECORDS
History Note:Authority G.S. 131D-10.5; 143B-153; S.L. 1999-237;
Eff. February 1, 1986;
Amended Eff. July 1, 1990;
Repeal Eff. October 1, 2008.
10A NCAC 70G .0206ASSESSMENT AND TREATMENT/HABILITATION OR SERVICE PLAN
10A NCAC 70G .0207CLIENT RECORDS FOR CHILDREN RECEIVING MENTAL HEALTH
TREATMENT SERVICES
10A NCAC 70G .0208MEDICATION REQUIREMENTS
10A NCAC 70G .0209BEHAVIOR MANAGEMENT AND DISCIPLINE
History Note:Authority G.S. 131D-10.5; 143B-153; S.L. 1999-237;
Eff. February 18, 2008;
Amended Eff. July 1, 1990;
Repealed Eff. October 1, 2008.
SECTION .0300 – best practice STANDARDS
10A NCAC 70G .0301staffing requirements
10A NCAC 70G .0302TRAINING REQUIREMENTS
History Note:Authority G.S. 131D10.5; 143B-153;
Eff. September 1, 2007;
Repealed Eff. October 1, 2008.
section .0400 – general
10A NCAC 70G .0401SCOPE
The rules in this Subchapter apply to persons who receive children for the purpose of placement in family foster homes and therapeutic foster homes.Persons licensed or seeking a license to provide family foster care and therapeutic foster care services for children shall comply with 10A NCAC 70C, 70D, 70E, 70F and 70G.In addition, persons licensed or seeking a license to provide therapeutic foster care services shall comply with 10A NCAC 27G .0203 and .0204.The North Carolina Department of Health and Human Services, Division of Social Services is the licensing authority for child-placing agencies for foster care.
History Note:Authority G.S. 131D10.5; 143B153;
Eff. October 1, 2008;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.
10A NCAC 70G .0402DEFINITIONS
The following definitions shall apply to the rules in Subchapter 70G:
(1)"Agency" means a child placing agency as defined in G.S. 131D-10.2 that is authorized by law to receive children for purposes of placement in foster homes or adoptive homes.
(2)"Family Foster Home" has the meaning as defined in G.S. 131D-10.2(8).
(3)"Family Foster Care" means foster care, as defined in G.S. 131D-10.2(9), that is provided in a family foster home.
(4)"Guardian" means:
(a)an individual as defined in G.S. 7B-600 who is appointed by the court to serve as the guardian of the person for a juvenile;
(b)an individual appointed by the clerk of court in North Carolina to exercise all the powers conferred by G.S. 35A-1241, including a standby guardian appointed under Article 21A of Chapter 35A whose authority has actually commenced; and
(c)an individual appointed in another jurisdiction according to the law of that jurisdiction who has the powers consistent with G.S. 35A-1241.
(5)"Legal Custodian" means a person or agency that has been awarded legal custody of a juvenile by a court of competent jurisdiction.
(6)"Licensing Authority" means the North Carolina Division of Social Services.
(7)"Out-of-Home Family Services Agreement" means a document prepared by a county department of social services regarding a child in the custody of a county department of social services who receives family foster care services or therapeutic foster care services. This agreement defines the primary permanency plan, identifies the family's strengths and needs, sets objectives and case activities to assist the family in resolving those issues that place the child at risk, specifies consequences if the plan does not succeed, and establishes the alternative permanency plan if the primary plan does not succeed.
(8)"Owner" means any person who holds the ownership interest of five percent or more of the applicant. A person includes a sole proprietor, co-owner, partner or shareholder, principal or affiliate, or any person who is the applicant or any owner of the applicant.
(9)"Parent" means the birth parent or adoptive parent.
(10)"Person-Centered Plan" means a document prepared by the Division of Mental Health, Developmental Disabilities and Substance Abuse Services regarding a child receiving therapeutic foster care services that includes all planning for treatment, services, and support.
(11)"Supervising Agency" means a county department of social services or a private child- placing agency that is authorized by law to receive children for purposes of placement in foster homes or adoptive homes. Supervising agencies are responsible for recruiting, training, and supporting foster parents. Supervising agencies recommend the licensure of foster homes to the licensing authority.
(12)"Social worker" means an individual who has earned a bachelor's, master's, or doctorate degree in social work from a social work program accredited by the Council on Social Work Education (CSWE) as provided in the Social Worker Certification and Licensure Act (G.S. 90B).
(13)"Therapeutic Foster Care" means a foster home in which the foster parent has received additional training in providing care to children with behavioral, mental health, or substance abuse problems.
(14)The "reasonable and prudent parent standard" has the meaning set forth in G.S. 131D 10.2A.
History Note:Authority G.S. 131D-10.1; 131D 10.2A; 131D-10.3; 131D-10.5; 143B-153;
Eff. October 1, 2008;
Amended Eff. August 1, 2017;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.
10A NCAC 70G .0403LICENSURE
(a) License.
(1)Licensure is required in accordance with G.S. 131D-10.3 and with rules in Subchapters 70F and 70G of this Chapter.
(2)Licenses shall be in effect for two years unless suspended or revoked.Appeal procedures specified in 10A NCAC 70L .0301 apply for persons seeking an appeal of the licensing authority's decision to deny, suspend, or revoke a license.
(3)Child-placing agencies for foster care licensed after September 1, 2011 shall have a three year or longer accreditation from either the Council on Accreditation (COA), The Joint Commission, formerly known as the Joint Commission on Accreditation of Healthcare Organizations (TJC), The Commission on Accreditation and Rehabilitation Facilities (CARF) or The Council on Quality and Leadership (CQL).
(4)Applicants shall inform the licensing authority of any current licenses or licenses held in the past five years for child-placing agencies, maternity homes, or residential child-care facilities in other states.Applicants shall provide written documentation from the licensing authority in other states regarding violations, penalties, or probationary status imposed in other states.
(b) Changes in any information on the license.
(1)The licensing authority shall change a license during the period of time it is in effect if the change is in compliance with rules in Subchapters 70F and 70G of this Chapter.
(2)A child-placing agency for foster care shall notify the licensing authority in writing of its request for a change in license, including information that is necessary to assure the change is in compliance with the rules in Subchapters 70F and 70G of this Chapter.
(c) Termination.
(1)When a child-placing agency for foster care voluntarily discontinues operations, either temporarily or permanently, the child-placing agency for foster care shall notify the licensing authority in writing of the date, reason and anticipated length of closing.
(2)If a license is not renewed by the end of the licensure period, the licensing authority shall automatically terminate the license.
(3)When the license of a child-placing agency for foster care is terminated, the agency shall meet all requirements of a new agency prior to being licensed.
(d) Adverse licensure action.
(1)The licensing authority shall deny, suspend or revoke a license when a child-placing agency for foster care is not in compliance with the rules in Subchapters 70F and 70G of this Chapter unless the agency within 10 working days from the date the agency received the deficiency report from the licensing authority submits a plan of correction.The plan of correction shall specify the following:
(A)the measures that will be put in place to correct the deficiency;
(B)the systems that will be put in place to prevent a re-occurrence of the deficiency;
(C)the individual or individuals who will monitor the corrective action; and
(D)the date the deficiency will be corrected which is no later than 60 days from the date the routine monitoring was concluded.
(2)The licensing authority shall notify a child-placing agency for foster care in writing of the decision to deny, suspend or revoke a license.
(3)Appeal procedures specified in 10A NCAC 70L .0301 are applicable for persons seeking an appeal to the licensing authority's decision to deny, suspend or revoke a license.
(e) Licensure shall be denied when any of the following conditions apply:
(1)the applicant owns a facility or agency licensed under G.S. 122C and that facility or agency incurred a penalty for a Type A or B violation under Article 3 of G.S. 122C; or any combination thereof, and any one of the following conditions exist:
(A)A single violation has been assessed in the six months prior to the application.
(B)Two violations have been assessed in the 18 months prior to the application and 18 months have not passed from the date of the most recent violation.
(C)Three violations have been assessed in the 36 months prior to the application and 36 months have not passed from the date of the most recent violation.
(D)Four or more violations have been assessed in the 60 months prior to application and 60 months have not passed from the date of the most recent violation.
(2)the Department of Health and Human Services has initiated revocation or summary suspension proceedings against any facility licensed pursuant to G.S. 122C, Article 2; G.S. 131D, Articles 1 or 1A; or G.S. 110, Article 7 that was previously held by the applicant and the applicant voluntarily relinquished the license and 60 months have not passed from the date of the revocation or summary suspension;
(3)there is a pending appeal of a denial, revocation or summary suspension of any facility licensed pursuant to G.S. 122C, Article 2; G.S. 131D, Articles 1 or 1A; or G.S. 110, Article 7 that is owned by the applicant;
(4)the applicant has an individual as part of their governing body or management who previously held a license that was revoked or summarily suspended under G.S. 122C, Article 2; G.S. 131D, Articles 1 or 1A; and G.S. 110, Article 7 and the rules adopted under these laws and 60 months have not passed from the date of the revocation or summary suspension;
(5)the applicant is an individual who has a finding or pending investigation by the Health Care Personnel Registry in accordance with G.S. 131E-256; or
(6)the applicant is an individual who has a finding on the Responsible Individual's List as described in 10A NCAC 70A .0102.
History Note:Authority G.S. 131D-1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2011;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.
SECTION .0500 MINIMUM LICENSING STANDARDS
10A NCAC 70G .0501PERSONNEL
(a) The executive director shall manage and administer the agency in accordance with licensing requirements and policies of the governing body. The executive director shall meet the requirements of a Social Services Program Administrator I as defined by the North Carolina Office of State Human Resources. A copy of these requirements can be found at the following web site: ( The college or university degree shall be from a college or university listed at the time of the degree in the Higher Education Directory. This information can be obtained by calling Higher Education Publications, Inc. or at:
(b) The Social Work Supervisor or Case Manager Supervisor shall supervise, evaluate, and monitor the work and progress of the Social Work or Case Management staff. The Social Work Supervisor or Case Manager Supervisor shall meet the requirements of a Social Work Supervisor II as defined by the North Carolina Office of State Human Resources. A copy of these requirements can be found at ( The college or university degree shall be from a college or university listed at the time of the degree in the Higher Education Directory. This information can be obtained by calling Higher Education Publications, Inc. or at: Social Work Supervisors or Case Management Supervisors shall receive 24 hours of continuing education annually.
(c) The Social Worker or Case Manager shall provide intake services and casework or group work services for children and their families, conduct homefinding and assessment studies related to foster parents and planning, and coordinate the services and resources affecting foster children and their families. The Social Worker or Case Manager shall meet the requirements of a Social Worker II as defined by the North Carolina Office of State Human Resources. A copy of these requirements can be found at the following web site: ( The college or university degree shall be from a college or university listed at the time of the degree in the Higher Education Directory. This information can be obtained through Higher Education Publications, Inc. at: Social Workers or Case Managers shall receive 24 hours of continuing education annually.
(d) Social Workers or Case Managers serving children in family foster homes shall serve no more than 15 children. Social Workers or Case Managers serving children in therapeutic foster homes shall serve no more than 12 children. Social Workers or Case Managers providing foster home licensing services (in this Rule, "licensing workers") shall serve no more than 32 foster families. Agencies providing family foster care services may combine the duties of the social worker or case manager and licensing worker and serve no more than ten children and ten foster families. Agencies providing therapeutic foster care services may combine the duties of the social worker or case manager and licensing worker and serve no more than eight children and eight foster families.
(e) Supervision of social workers or case managers shall be assigned as follows:
Supervisors Required / Social Workers or Case Managers0 / 0-4
(executive director serves as social work or case manager supervisor)
1 / 5
2 / 6-11
3 / 12-17
There shall be one additional supervisor for every one to five additional social workers or case managers.
(f) The agency shall ensure that the Social Work Supervisors or Case Management Supervisors and Social Workers or Case Managers receive training in the areas of child development, permanency planning methodology, family systems and relationships, child sexual abuse, trauma-informed care, and the reasonable and prudent parent standard.
History Note:Authority G.S. 131D-10.2A; 131D10.5; 143B153;
Eff. October 1, 2008;
Amended Eff. August 1, 2017; June 1, 2010;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.
10A NCAC 70G .0502APPLICATION PROCEDURES AND PRACTICES
(a) The policies for acceptance of an applicant for services shall be in writing and shall relate to the stated purpose of the agency.
(b) Acceptance of an applicant for services shall be limited to those for whom the agency is qualified by staff, program and services to provide services.
(c) There shall be an application for services to place a child signed by the parent, guardian, legal custodian, or authorized representative of the legal custodian.
(d) The child shall be accepted for placement by a written placement agreement signed by the parent, guardian, legal custodian or authorized representative of the legal custodian.
History Note:Authority G.S. 131D10.5; 143B153; 143B-154;
Eff. October 1, 2008;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.
10A NCAC 70G .0503PLACEMENT SERVICES
(a) The agency shall assist the parents or guardian to assume or resume their parental roles and responsibilities as specified in the out-of-home family services agreement or person-centered plan.
(b) The agency shall assist the parents or guardian to gain access to the services necessary to accomplish the goals and objectives specified in the out-of-home family services agreement or person-centered plan.
(c) The agency shall encourage contacts between parents or guardian and children after placement, in accordance with the visitation and contact plan.
(d) The agency shall have a signed agreement with the parents, guardian, or legal custodian of the child in care that includes the expectations and responsibilities of the agency and the parents, guardian, or legal custodian for carrying out the steps to meet the out-of-home family services agreement or goals of the person-centered plan, the financial arrangements for the child in care, and visitation and contact plans.
(e) The agency shall select the most appropriate form of family foster care or therapeutic foster care for the child consistent with the needs of the child, parents, and guardian. The agency shall provide for any services the child may need and, when placing the child, shall select the least restrictive and most appropriate setting closest to the child's home.
(f) The agency shall document any need to place a child in a family foster home or therapeutic foster home that is beyond a radius of 150 miles from the agency and the child's parents or guardian.
(g) The agency, when selecting care, shall maintain the child's connections to their neighborhood, community, faith, extended family, tribe, school, and friends.
(h) The agency shall involve the parents or guardian in the selection of the placement. In accordance with G.S. 7B-903.1(d), when the supervising agency intends to change a child's placement, it shall give the parent or guardian notice of its intention unless precluded by emergency circumstances. Where emergency circumstances exist, the supervising agency shall notify the parent or guardian within 72 hours of the placement change.
(i) Each family foster home or the therapeutic foster home in which a foster child is placed shall be licensed by the Division of Social Services.
(j) The agency social worker for the child shall become acquainted with the child and family prior to placement, except when a child is placed on an emergency basis or if the child is an infant.
(k) The agency social worker shall help the child understand the reasons for placement and prepare him or her for the new environment. The social worker shall, except when placing under emergency conditions, arrange at least one preplacement visit for the child and shall be available to the child, the parents or guardian, and the foster parents for supportive services.
(l) The agency shall supervise the care of the child and shall coordinate the planning and services for the child and family, as stated in the out-of-home family services agreement or person-centered plan.
(m) Children in family foster homes and therapeutic foster homes shall have a monthly face-to-face contact by the social worker or case manager or more if specified in the out-of-home family services agreement or person-centered plan. The parents or guardian of children in family foster care and therapeutic foster care shall have a monthly face-to-face contact by the social worker or case manager unless the out-of-home family services agreement or person-centered plan indicates a different schedule of face-to-face contacts.
(n) The agency social worker or case manager shall meet with the children and the parents, guardian, or legal custodian, either separately or together based on the out-of-home family services agreement or person-centered plan, to assess and work on the following: